Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-13
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Office.
An application will be rejected when the
scription Of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First : The notice was published without the
knowledge Of the Register.
Second-Ihe notice was not published in q
newspaper designated as published nesrestth the
claim.
Third-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending 8 suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries of the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions OF q claim. application for
patent may be made by either for tn At portion
Of the claim owned by him; but where several
parties own undivided interests in z mining
claim all should join In an application for q
patent.
A person or association may purchase as
many placer locations rs the local law ad mits
and embrace them all in one application for 9
pstont.
Two or more lodes cannot be embraced In
one application for g patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing TO act as a deputy for the Register and Re-
ceiver cAnnot be recorded a. evidences.
In all patents for mining claims situated
within the interior boundaries of a town site
Q clause Is inserted "excepting and excluding
all town property, rights upon the surface.
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal I'm
| provements not belonging to the grantee here
in. and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made u only
one newspaper for the period OF so days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers GO days must elApse between the
| frat and last insertions.
Where the Register designates the daily Issue
Of q newspaper for publication of notices of .
| mining application for patent ii is not o COM
| pliance with law TO change 10 the weekly edi-
tion of the same paper without authority Of
the Register.
The existence of q salt spring on . tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of ouch land 10 not allowed. Land
containing valuable deposits of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
| distinct claim against each application which
1t is alleged conflicts with the premises owned
| by such adverse claimant.
The papers IN an adverse claim, once filed
cannot be Withdrawn, but becomes q part of the
record.
When an adverse claim has been fled ii can.
not be amended so as to embrace a larger por.
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local ofice
during the period Of publication OF the appli.
cation for the patent to be effective.
1t is the duty OF the adverse claimant Q
commence suit in proper form within the re-
CURED time, and If he trusts she uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the corrupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law. without stating the
facts specially, will not be considered In eyi.
dence.
An adverse claimant should show Q compli.
ance with the local laws in recording hts claim
and In regard to expenditures. and shall file q
copy Of the original notice OF his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to q suit that tbey
compose the company 10 sufficient, and they
are not required to prove that they are tbs
original ~locstors or the identical parties who
present the adverse claim.
~AaRrcULrURAL Oh MINERAL LANDS.
Where land is of little. If any value, for agri.
cultural purposes, but is essential to the
proper development Of mining claims, IL
should be disposed OF under the Mining Act,
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled 81 any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such valuable de.
posts.
Where valuable deposits of mineral are dis.
covered upon . tract after the same aas been
entered as agricultural, but before ! stent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be cancelled e.
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF It,. provided he becomes a citizen
before disposing Of the mine. Proof that the
party was not q citizen before disposinR of his
claim must be afirmatively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance of patent.
The portion Of a mining claim sold to an
alien cannot be patented while suoh owner ia
an alien; but on his declsrationi o become a
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 2, 1885:
Where two or more lodges GROSS or intersect
each other, priority Of title shall govern. and
SUCH prior location shall be entitled TO ali ore
or mineral contsined within the space of inter.
section. but the subsequent location shall have
the right OF way through the space of inter-
section for the purpose Of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point OF union, in
cluding Gil the space of intersection.
TUNNELS,